The appointment of a new trustee for the Enoch T. Cobb Trust, which benefits Barnstable’s schools, is taking longer than expected because of an unexplained filing in Barnstable Probate and Family Court.

In March, the Barnstable Town Council recommended town treasurer Debra Blanchette to serve in an interim capacity to allow the trust to make disbursements to committed projects. Without a trustee, there can be no disbursements from the trust.

But in May, three individuals filed notices of appearance in the matter, requiring further action by the court: one by an attorney on behalf of the Community Foundation of Cape Cod’s board of director’s and two by employees within the Probate and Family Court itself. Two have since been withdrawn, but one remains.

Court employees Deborah Nardone and Caitlyn Mark filed notices of appearance in the case, but cited no specific objections. A notice of appearance can be filed by anyone that is a party to the case who may have interest in its outcome. The trust benefits the inhabitants of the town of Barnstable. All three who filed notices reside in town.

Mark withdrew her notice June 10 and declined to comment when reached by the Patriot.

A call to Nardone, whose filing remains, was not returned by press time.

Register of Probate Anastasia Welch Perrino said that it is unusual for probate employees to enter notices of appearances in such actions.

There is no such thing as an interim trustee in the eyes of the Probate Court, but that has been the intent of the town council and administration. The appointment through the court was initiated in April and received the assent of the by the Attorney General’s Office.

The only trustee the Cobb Trust has known in the past 30 years was Osterville Attorney David Cole. Cole resurrected and nurtured the assets of the trust, building from $10,000 to today’s $4.3 million, all for the benefit of Barnstable’s schools.

Cole died unexpectedly in February, effectively halting the ability of the trust to make disbursements until a new trustee is appointed.

For the 2009 fiscal year, Cole authorized $113,000 in grants, disbursing close to $67,000 before his death.

Thus far, the school department has fronted about $31,600 of the remaining $50,000 in projects authorized for the school department this year. Barnstable School Department attorney Bill Butler said that the department expects to cover most of the $18,000 or so remaining.

As the department is borrowing from accounts that must close by June 30, the preference is to have repayment made to those accounts from the trust.

If that’s not possible, town Finance Director Mark Milne said that there will be an entry for an account receivable from the Cobb Trust for those school accounts. Milne said that it would be better for the books to be settled by June 30, and that’s the preference.

Further complicating matters, because notice was filed by an employee of the Barnstable court, the case must be removed to a different jurisdiction. A Plymouth County judge sitting in Brockton has been assigned to hear the case.

The Barnstable Town Attorney’s office filed some motions in the case June 11, details of which were not available at press time. A June 25 date has been set to hear those motions.

Hyannis Attorney Martha Ramsay, who serves as clerk of the Community Foundation, said she filed a now-withdrawn objection for the board over concerns of a potential conflict of interest if a town financial officer serves as trustee. After discussions with the town attorney’s office, Ramsay said that those concerns were allayed because of the intended temporary nature of the appointment.

Ramsay said that the intent was not to have herself installed as trustee, but to question the appropriateness of a town officer in the role.

The Community Foundation has expressed an interest in managing the Cobb Trust in some fashion. The committee reviewing possible trustees discussed applicants in executive session.

A committee with town and school representatives has been meeting to form a recommendation for the town council. Selection of a new trustee starts with the town council, but must be approved through the Family and Probate Court.

For the Cape Cod Symphony Orchestra, payment on a $12,000 grant will have to wait, as it is a direct grant from the trust.